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The company or individual carrying out the construction or engineering works
The contractor is employed to carry out the works in relation to a development. Depending on complexity or size of a project he in turn may "sub contract" some of the works to specialists in, for example, electrical engineering or plumbing
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Right to manage—procedure—checklist Premises • Do the premises consist of a self-contained building or part of a building, with or without appurtenant property? • Do they contain two or more flats held by qualifying tenants? • Do qualifying tenants hold at least two-thirds of the total number of flats contained in the premises? • Is any part of the premises occupied or intended to be occupied other than for residential purposes? If so, is no more than 50% of the internal floor area of the whole premises in non-residential use (the internal floor area of any common parts being disregarded)? • Are the premises ‘excepted’ from the right to manage? • Is there already an RTM company in relation to the premises or to any premises containing or contained in the premises? See Practice Notes: The right to manage, The right to manage blocks of flats—establishing the right and The right to manage—what are qualifying premises. Qualifying tenants • Do the participating tenants hold qualifying ‘long leases’? • Do qualifying...
Trading an insolvent company—checklist The decision to trade on is not a decision which an insolvency practitioner (IP) can make in isolation. It is important to get commitment to trading on from the other stakeholders who need to be involved. These other stakeholders include: • customers—required to commit to continue to buy from the company • suppliers—required to commit to continue to supply the company • employees—required to commit to carry on their duties with the company, and • potential purchasers—required because without a purchaser the continued trading will not lead to enhanced realisations The checklist below covers most of the key areas that an IP must focus on when trading a business. Good levels of communication and control are essential from day one of a trading job. There are four key words to keep in mind at all times from the moment an IP takes over: • control—establish the whereabouts of all assets/premises • secure—change locks, alarm codes and passwords • insure—notify insurance brokers who insure assets for IPs...
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Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...
Payment in construction contracts (generic payer led)—flowchart This flowchart illustrates a generic, payer-led payment process under a construction contract between an employer and contractor. The process is compliant with the Housing Grants, Construction and Regeneration Act
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ARCHIVED: This Practice Note has been archived and is not maintained. Note: The Construction (Design and Management) Regulations 2015, SI 2015/51 came into force on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction (Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [Archived].IntroductionContractors are those companies and individuals who actually carry out construction work. This hands-on’ role means that contractors are often those most at risk of suffering injury or otherwise damaging their health. The Construction (Design and Management) Regulations 2007, SI 2007/320 (the Regulations) allow contractors to have a role in planning and managing the construction work. The Regulations apply alongside the general duty which is placed on employees to take reasonable care of their own health and safety and that of others which is set out at section 7 of the Health and Safety at Work etc. Act 1974 (HSWA 1974).Please note that any reference to the term ‘client’ in this note is synonymous with ‘employer’ as used...
Spotting the early symptoms of employer insolvency•most importantly, a contractor needs to keep alert to the employer's financial status•the contractor should take heed of ongoing rumours about the employer's financial position (either in the press or by word of mouth)•look out for official announcements to shareholders/the stock market (for example, profit warnings)•note any surprising or uncommercial omissions from the project made by the employer•keep aware of the employer's non-payment or late payment of other parties on this project, or on other projects being carried out by the employer•clearly, if the employer suspends work on the scheme without any adequate explanation or without commercial rationale, this may be a sign that the employer is unwilling to finance further work•confirm suspicions by carrying out a Dun & Bradstreet search/report, which should disclose, for example, any unsatisfied court judgments against the employerIf the employer is insolvent, see Checklist: Contractor steps to take if employer becomes insolvent—checklist.Contractor methods of protecting itself in advanceThere are various ways in which a contractor can protect itself in...
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Net contribution 1
Remeasurement 1 [Gross Internal Area means the gross internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition). OR Net Internal Area means the net internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition).] 2 When the [frame OR shell OR [other relevant point of construction]] of each of the relevant parts of the Works i
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What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B? The nature of the legal relationships Its important to be clear on the nature of the legal relationships between each of supplier A, supplier B and customer C. It is stated that customer C and supplier A have a direct contractual relationship between them. It will be necessary to review the terms of that contract, in order to identify if the proposed course of action will be in breach of the specific terms of the agreement, or otherwise cause a conflict or ambiguity leading to a commercial risk. It is stated that ‘A works with another nominated supplier B on our behalf’. ‘On our behalf’ indicates the possibility that supplier A may be acting in some capacity as an agent of C in its dealings with supplier B. Agency is a relationship under which...
Can a lay personal representative charge for their time spent in dealing with the administration of an estate? A personal representative is a fiduciary. The general rule is that a fiduciary cannot benefit from their position and therefore cannot be paid for carrying out their duties (Robinson v Pett). Professional executors would, of course, not take on the role if they did not receive payment for their time. Therefore, most Wills include a charging clause which authorises a professional executor to charge for their services (see section 28 of the Trustee Act 2000 (TrA 2000)). In addition, TrA 2000, s 29 authorises a trust corporation to charge reasonable remuneration if there is not a charging clause. TrA 2000, s 29 also authorises a professional personal representative to receive reasonable remuneration provided the other trustees agree to this in writing. (TrA 2000, s 35 provides that TrA 2000 applies to personal representatives.). TrA 2000, s 28 provides that a professional personal representative can be remunerated for services...
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This week’s edition of Employment weekly highlights includes: (1) commentary from Tamar Burton, barrister at Cloisters, and Joel Wallace, barrister at Littleton Chambers, both of whom were Counsel in the case, on a Supreme Court judgment confirming that the Royal Embassy of Saudi Arabia is not entitled to state immunity where an employee’s duties fell within the normal ancillary and supportive role of administrative staff, (2) the 2025 Parker Review report on ethnic diversity in UK businesses, (3) a Court of Appeal judgment providing guidance on the list of issues in employment tribunal claims, (4) the IRLR highlights for April 2025, (5) our new precedents—neonatal care leave policy and trade union recognition agreement, (6) dates for your diary, and (7) other news items of interest to employment practitioners.
This week's edition of Insurance & Reinsurance weekly highlights includes: Howden sued for £20m over hotel chains COVID-19 losses; the case of Dormer (a protected party, by his mother and litigation friend Iteen Dormer) v Wilson and others; Insurers to benefit from Italy’s mandatory catastrophe cover; Berkeley and contractor settle £15m Grenfell-style cladding claim; FCA awaits government’s answer to City Consumer Duty pushback; FCA retains exceptional circumstances test for announcing investigations; UK regulators address diversity and inclusion proposals: current status and future plans; cases and decisions; key fates for your diary; and other news highlights reported over the past week.
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